Estate Administration: Put to rest?

Martin Beard and Zoe Fleetwood discuss the issues that can arise on disposal of a body and cryo-preservation ‘In Re JS the judge made clear it was not the role of the court to give directions for the disposal of the body, but rather to resolve disagreement about who might make the arrangements.’ Many will …
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Probate: Laid to rest?

Alexander Drapkin discusses a recent case which indicates the factors the court takes into account in a dispute over where a body should be buried ‘The exercise of their authority in disposing of the deceased’s body would likely still have been subject to control by the court and so it was necessary to establish a …
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Anstey v Mundle & anr [2016] EWHC 1073 (Ch)

Wills & Trusts Law Reports | July/August 2016 #161

This was a claim brought by Valerie Anstey, one of the three daughters of the late George Carty. Valerie contended that Mr Carty should be buried in England. Her half sister, Sonia Mundle and her cousin, Cynthia Allison argued that he should be buried in Jamaica. Valerie was supported by another half sister, Stephanie Watson.

Owing to the defendants’ failure to undertake not to repatriate the body pending resolution of the dispute, Valerie sought and was granted an urgent interim injunction forbidding the removal of the body from the jurisdiction. Owing to the urgency of th...

Ibuna & anr v Arroyo & anr [2012] EWHC 428 (Ch)

Wills & Trusts Law Reports | June 2012 #120

Congressman A was resident in both California and the Philippines. He was domiciled in the Philippines. He died while receiving treatment in the UK. There was a dispute between A’s estranged second wife (Mrs A) and his life partner (Ms I) as to who should take possession of A’s body and make arrangements for burial in the Philippines. Ms I initiated proceedings in England; Mrs A began proceedings in the Philippines. Mrs A intended (as was her right as a wife under Filipino law) to dispose of the body and have a wake at her home (from which A had, prior to his death, been excl...

Probate: Body matters

Jane Evans-Gordon discusses the quandaries that can arise on the disposal of a dead body ‘Bodies cannot be bought or sold, stolen, criminally damaged or, as was once tried, seized by creditors.’ Thomas Mann said that ‘It is a fact that a man’s dying is more the survivors’ affair than his own’.Regrettably, while the Lord …
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